U.S. Court of Appeals for the Ninth Circuit, 2009

Singh v. Holder

Singh v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 23, 2009 · Schroeder, Thomas, Wardlaw
329 F. App'x 170

Singh v. Holder

Opinion of the Court

*171MEMORANDUM **

Kashmir Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen or reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen and reconsider as untimely because it was filed more than six years after the BIA’s September 6, 2001 order. See 8 C.F.R. § 1003.2(b)(2), (c)(2).

We lack jurisdiction to consider Singh’s contention regarding changed circumstances in India because he failed to exhaust the claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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